20:41:01:01. Definitions.
Terms defined in SDCL chapter 36-5 have the same meaning when used in this article. In addition, terms used in this article mean:

(1) "Board," the
Board of Chiropractic Examiners;

(2) "Committee,"
a group of licensed chiropractors appointed by the board to perform certain
designated functions;

(3) "Continuing
education course," a course of instruction approved by the board 30 days
in advance of attendance;

(4) "Negative peer
review," any review by the chiropractic peer review committee of
chiropractic service which does not conform to the standards as set forth in
§§ 20:41:09:01 and 20:41:14:07;

(5) "Scope of
practice," diagnostic procedures and chiropractic therapeutics as taught
in approved chiropractic schools, as defined by § 20:41:04:01, but within
the limitations and privileges of SDCL 36-5-1 and 36-5-15.

20:41:01:02. Manipulation/mobilization -- Manipulation/adjustment. For the purposes of
this article, "manipulation/mobilization" is an externally applied
mechanical measure. "Manipulation/adjustment" of a joint is defined
as a passively applied movement of low amplitude and low or high-velocity
thrust which moves the joint into the paraphysiological range. Manipulation is
a passive dynamic thrust that causes cavitation or gapping and attempts to
restore the manipulated joint's range of motion and neurophysiological
function. Manipulation commences where mobilization ends.

Mobilization is a non-thrust,
manual therapy. It involves passive movement of a joint within its physiologic
range of motion. This is approximately equivalent of the normal range of motion
a joint can be taken through by intrinsic musculature. Active range of motion
is motion which patients can accomplish by themselves. Mobilization is passive
movement within the physiologic joint space administered by a clinician for the
purpose of increasing overall range of joint motion.

Figure 1 graphically
demonstrates the varying degrees of motion between the two techniques, and
their specific classifications.

Stage 1 The
active range of movement (motion produced by muscular action).

Stage 2 The
passive range of movement (motion produced by traction or springing the
joint–joint play, up to the elastic barrier of resistance). Characterizes
mobilization.

Stage 3 The
paraphysiological range of movement (motion beyond the elastic barrier of resistance
up to the limit of anatomical integrity produced by manipulation/adjustment and
frequently accompanied by an audible release). Characterizes
manipulation/adjustment.

20:41:02:01. Procedure to obtain declaratory ruling. An
individual may apply for a declaratory ruling by filing a petition directed to
the board which states generally the factual situation existing under which the
question arises. The petition must be verified by the petitioner, except that
matters not within the personal knowledge of the petitioner may be on
information or belief. The petition shall identify all persons who have or
claim any interest which would be affected by the declaratory ruling. When
declaratory relief is sought all persons who have or claim any interest which
would be affected by the declaration shall be made parties.

20:41:02:02. Hearings on petition to obtain declaratory
ruling. A hearing on a petition for declaratory ruling may be held upon ten
days written notice to all parties. The hearing must be public; testimony must
be recorded on magnetic tape or by other equivalent means. At the request of
any person, testimony given at such a hearing must be transcribed. The
transcription expense must be borne by each person requesting a transcript.
Parties may make their own provisions to have court reporters present at the
hearing. Briefs may be filed by interested parties as the board may direct.
Hearings shall be conducted in conformity with the provisions of SDCL 1-26-17 to 1-26-26, inclusive.

20:41:02:03. Decisions. The board may refuse to render or
enter a declaratory ruling if such a ruling would not terminate the uncertainty
or controversy giving rise to the proceeding. All decisions must be made within
30 days of final submission of the matter to the board.

20:41:04:01. Approved
chiropractic schools. All applicants for licensure who matriculate in a
chiropractic college after October 1, 1975, must present evidence of having
graduated from a chiropractic college accredited by the Council on Chiropractic
Education.

Reference:
"Institutions Holding Accredited Status." Copies may be obtained from
the Council on Chiropractic Education at www.cce-usa.org.

Rule 20:41:04:02 Schools approved by the board of examiners.

20:41:04:02. Schools
approved by the board of examiners. The board approves, for the purposes of
SDCL 36-5-9, all colleges or universities or junior colleges which are accredited as of December 1, 2010, by the following: Middle States Commission on Higher Education; New England Association of Schools and Colleges, Commission on Institutions of Higher Education; New York State Board of Regents, and the Commissioner of Education; North Central Association of Colleges and Schools, the Higher Learning Commission; Northwest Commission on Colleges and Universities; Southern Association of Colleges and Schools, Commission on Colleges; and Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities. The board, upon the presentation of an application for examination as provided by chapter 20:41:05, may approve other colleges, universities, or junior colleges.

20:41:05:12 Exemption from licensing requirement for
a person licensed in another state.

Rule 20:41:05:01 Verified general information to be furnished by applicant for examination.

20:41:05:01. Verified general information to be furnished by
applicant for examination. Each applicant for examination shall make a
written application verified by oath of the applicant. The application must be
printed or typewritten, and all questions must be answered completely and
correctly. All candidates must appear in person at a regular meeting of the
board of chiropractic examiners after submitting their application. The full
name, permanent address, birthplace, date of birth, age, and social security
number shall be on the application. The applicant shall give particulars as to
whether he has ever been arrested for or charged with any crime, other than a
traffic violation, whether he is a citizen of the United States, whether he is
engaged in any business or vocation other than chiropractic, and his places of
residence for the preceding five years.

Rule 20:41:05:01.01 Application submission more than two years after graduation.

20:41:05:01.01. Application
submission more than two years after graduation. An applicant for
examination who completed the educational requirements for licensure more than
two years before the date of application may, at the board's direction, be
required to retake, complete, and pass the following before the application
will be considered:

(1) Parts I, II, III, IV, and
physiotherapy of the examination given by the National Board of Chiropractic
Examiners (NBCE); and

(2) The Special Purposes Examination
for Chiropractic (SPEC) with a scaled score of at least 375.

The board may also require the applicant to
complete additional board approved continuing education before considering the
application. In making its determination, the board shall consider whether the
applicant has been licensed in another jurisdiction and has been actively
engaged in chiropractic practice since completion of education.

Rule 20:41:05:03 Verified information on other licenses and experience.

20:41:05:03. Verified information on other licenses and
experience. The applicant shall provide information on any experience or
training in a hospital or care of the sick, the name of any state which
previously issued a chiropractic license to the applicant, the length of time
in practice, the location of practice, whether the license is in force or has
been suspended, revoked, or voluntarily discontinued, and the date of issue and
certificate number of any national board certificate.

(5) A certified copy of the
applicant's National Board of Chiropractic Examiners diploma and grades; and

(6) The agreement of the
applicant to keep the board fully advised of the applicant's address and to
give such assistance as the law may require to aid in the prosecution of
violations of the laws of South Dakota pertaining to the practice of
chiropractic.

(7) Two licensed
chiropractors must certify that the applicant is not addicted to intoxicants or
drugs and must recommend the applicant as a person of high moral character,
stating their addresses and the length of time each has known the applicant.

All materials required by this section
must be in the secretary-treasurer's office or postmarked 15 days before the
examination date.

20:41:05:04.01. Criminal background investigation required --
Procedure -- Results furnished to board. Effective January 1, 2006, each
applicant for admission to practice as a chiropractor in this state shall
submit to a criminal background investigation by means of fingerprint checks by
the Division of Criminal Investigation and the Federal Bureau of Investigation.
Each applicant shall submit a completed fingerprint card to the board. The
board shall submit the cards to the Division of Criminal Investigation prior to
the admittance of an applicant. The fingerprint cards shall be forwarded by the
Division of Criminal Investigation to the Federal Bureau of Investigation for a
national criminal record check. The results of the criminal history check shall
be given to the board to determine an applicant's qualification for admission
pursuant to SDCL 36-5-14.2.

20:41:05:05. Reciprocity.
The fee for a license granted pursuant to SDCL 36-5-13 is $300, all but $100 of which is refundable if license is not issued. An applicant seeking reciprocity shall include with the written application a certification from the secretary of the applicable state board of chiropractic examiners showing the date, license number, state, and ratings or record of examination of the applicant in chiropractic subjects and basic science subjects, National Board of Chiropractic Examiners diploma and grades, including the general average received, the status of the license issued, and a recommendation concerning good moral character and the worthiness of the applicant for reciprocal recognition. An applicant seeking reciprocity shall also meet the following criteria:

(1) Has passed all parts of
national boards required at the time of graduation;

(2) Has actively practiced
a minimum of five years immediately preceding the submission of the
application;

(3) Has no investigations
pending; and

(4) Has no adverse actions
taken by another state board.

After review of an applicant's
application and record, if the board has any remaining concerns about an
applicant's clinical competency, the board may require the applicant to take
and successfully pass the National Board of Chiropractic Examiners (NBCE)
Special Purposes Examination for Chiropractic (SPEC) or the National Board of
Chiropractic Examiners Part IV Examination. The board shall determine the score
for successful passage and shall consider the NBCE recommended score to make
that determination.

20:41:05:06. Inactive status and
reactivation of license. Upon filing with the board a written statement
requesting inactive license status and paying the fee prescribed in
§ 20:41:07:02, the board shall place the licensee on inactive status and
issue an inactive license. No person may practice chiropractic in South Dakota
with an inactive license. A chiropractor with an inactive South Dakota license
and an active license in good standing in another state may, after meeting all
other requirements of this chapter, convert to an active South Dakota license
by paying the active license fee, submitting a renewal application, and
providing verification of continuing education as required by
§ 20:41:08:02. A chiropractor with an inactive South Dakota license who
does not currently have an active license in good standing in another state,
may convert to an active license in South Dakota only after successfully
passing the National Board of Chiropractic Examiners (NBCE) Special Purposes
Examination for Chiropractic (SPEC), the National Board of Chiropractic
Examiners Part IV Examination, or both, as determined by the board. The board
shall determine the score for successful passage and shall consider the NBCE
recommended score to make that determination. If it has been two years or less
since a chiropractor had an active license in South Dakota, the board may waive
the Special Purposes Examination for Chiropractic (SPEC).

20:41:05:06.01. Lapse and
reinstatement of license. If a licensee fails to maintain an active license
or secure an inactive license as provided in § 20:41:05:06, the
chiropractor's license lapses on the date immediately following the final date
of the period for which it was last renewed. A chiropractor with a lapsed South
Dakota license and an active license in good standing in another state may,
after meeting all other requirements of this chapter, obtain an active South
Dakota license by paying the active license fee, submitting a renewal
application, and providing verification of continuing education as required by
§ 20:41:08:02. A chiropractor with a lapsed South Dakota license who does
not currently have an active license in good standing in another state, may
obtain an active South Dakota license only after successfully passing the
National Board of Chiropractic Examiners (NBCE) Special Purposes Examination
for Chiropractic (SPEC), the National Board of Chiropractic Examiners Part IV
Examination, or both, as determined by the board. The board shall determine the
score for successful passage and shall consider the NBCE recommended score to
make that determination. If it has been two years or less since the
chiropractor had an active license in South Dakota, the board may waive the
Special Purposes Examination for Chiropractic (SPEC), the National Board of
Chiropractic Examiners Part IV Examination, or both.

20:41:05:07. Continuing rights. The board shall not deny
a license in years after 1975 to a person who held a valid 1975 South Dakota
chiropractic license, if the denial is based wholly or in part on the fact that
the person is not a graduate of an approved chiropractic school or other school
as approved by the board pursuant to chapter 20:41:03.

20:41:05:09. Licensure examination. The board may conduct
a written examination of the applicant in those subjects required by SDCL 36-5-12 and in chiropractic orthopedics, neurology, clinical laboratory, nutrition, physiotherapy, spinal and extra-spinal manipulation, meridian therapy, and all other recognized diagnostic, clinical, and therapeutic procedures as taught in board-approved, accredited schools. The ratings of the applicant shall be completed following the written examination and the clinical demonstrations.

20:41:05:10. Financial responsibility. Each chiropractor
shall obtain and maintain professional liability coverage in an amount not less
than $100,000 per claim with a minimum annual aggregate of not less than
$300,000 as a prerequisite for licensure or license renewal and shall provide
proof of compliance to the board.

20:41:05:11. Exemption from financial responsibility.
Upon application to the board, a chiropractor is exempt from meeting the
requirements of § 20:41:05:10 if:

(1) The chiropractor
practices exclusively as an officer, employee, or agent of the federal
government or of the state of South Dakota or its agencies or subdivisions;

(2) The
person is licensed to practice chiropractic in the state of South Dakota who
practices only in conjunction with teaching duties at an accredited school or
in its teaching hospitals. Such person may engage in the practice of
chiropractic to the extent that the practice is incidental to and a necessary
part of duties in connection with the teaching position in the school; or

(3) The person holds an
active license under the provisions of chapter 20:41:05 who is not practicing
chiropractic in the state of South Dakota. If such person initiates or resumes
practice in this state, the person shall notify the board of the activity and
provide proof of compliance with § 20:41:05:10.

Rule 20:41:05:12 Exemption from licensing requirement for a person licensed in another state.

20:41:05:12. Exemption from licensing requirement for a
person licensed in another state. The board may exempt a person licensed to
practice chiropractic under the laws of another state from the licensure
requirements of chapter 20:41:05 if that person:

(1) Is practicing in South
Dakota on a single, temporary assignment for a specific sporting, performing
arts, or educational event not to exceed 15 days, and treats only those
participants of the specific event;

(2) Is actively engaged in
the practice of chiropractic in the state in which the person is licensed;

(3) Is in good standing
with the board of chiropractic physicians in the state in which the person is
licensed; and

(4) Has applied for a
license at least 15 days prior to the beginning of the scheduled event.

20:41:08:01. Continuing education courses. To be counted
as continuing education, courses must meet the core curriculum requirements of
the Council on Chiropractic Education as approved by the board annually. The
board may also approve continuing education courses pursuant to
§ 20:41:08:04. Sponsors shall conduct approved courses with a certifying
officer designated and present at all sessions. The officer shall, without
advance notice, check attendance at least three times during each eight-hour block
of instruction. The officer shall, within 15 days after the course completion,
certify to the board secretary the names of all participants, hours in
attendance, subject or subjects taught, name of sponsor, date and place of
meeting, and names of all instructors.

The board further accepts courses by
PACE Recognized Providers. The Providers are accredited by the Federation of
Chiropractic Licensing Boards Providers of Approved Continuing Education (FCLB
PACE). The FCLB PACE approved programs satisfy the board's requirements for
purpose of the license renewal process. Information can be obtained at the
website referenced below. The board may continue to approve other non-FCLB PACE
courses and also to deny FCLB PACE courses if deemed necessary.

20:41:08:02. Continuing education hours. To maintain an
active license, a member must satisfactorily complete a minimum of 40 hours of
approved continuing education courses over a 2-year period. The period shall
begin on January 1, 1994.

20:41:08:03. Continuing education waiver. The board may,
after hearing, waive the continuing education requirements for an applicant
presenting sufficient evidence of hardship or illness or other reason making it
impossible or highly impractical for the applicant to attend or to have
attended a sufficient number of class hours. The waiver may be absolute or
conditional.

20:41:09:01. Patient
care and charges. A chiropractor shall attend the patient as often
as necessary to insure continued favorable progress, but shall avoid
unnecessary visits. The standards as set forth in § 20:41:14:07 shall be the standards for determining the chiropractic standard of care in the state of
South Dakota. No charge may be made which overestimates the advice and
services rendered. It is unprofessional conduct for any chiropractor to enter
into any contract, agreement, or other arrangement with a patient for care to
be rendered in the future. The ability of the patient or insurance carrier to
pay cannot be used to justify a charge in excess of the value of the service,
although poverty of the patient may require a lesser charge or none at all. A
chiropractor may not charge a patient, or a person authorized on behalf of a
patient, for the costs of reproduction of chiropractic patient records in
excess of the reasonable cost to photocopy the records and for the postage to
mail the photocopied records to the patient.

20:41:09:01.01. Informed consent.
A licensed doctor of chiropractic shall verbally and in writing inform each
patient of the material risks of proposed care. For purposes of this section,
"material" is a procedure inherently involving known risk of serious
bodily harm. The chiropractor shall obtain the patient's written informed
consent prior to initiating clinical care. The signed written consent shall
become part of the patient's record. A violation of this section constitutes
unprofessional conduct and may subject the licensee to disciplinary action.

20:41:09:02. Concealment of patient condition. No
chiropractor may engage in any practice designed to conceal the condition of a
patient in order to secure favorable life insurance or to pretend disease in
order to avoid jury or military duty or to exaggerate injury or disease to
collect damages or to defeat the rights of another.

20:41:09:04. Cooperation with board or ethics committee.
Chiropractors shall fully cooperate and respond promptly in writing to any
complaint filed with the board or the ethics committee and to any inquiry from
the board or the ethics committee to the chiropractor. Each chiropractor shall
report all acts of suspected dishonesty or incompetence or illegal activities
involving other chiropractors to the investigator for the board. Each
chiropractor shall report in writing to the board or the ethics committee any
claim of malpractice or claim of dishonesty known to the chiropractor to be
pending and the name and address of the plaintiff, plaintiff's attorney,
location of court file, and general nature of any lawsuit pending against the
chiropractor in which any claim of malpractice or dishonesty is made. All such
matters shall be reported within 30 days after the service of process in the
lawsuit or within 30 days after the chiropractor has knowledge of the existence
of such claims, whichever is sooner.

20:41:09:05. Specialty listings. A chiropractor holding a
valid specialty certificate of current diplomate status may list the specialty
in telephone directories, on professional stationery, and in professional
listings. The listings must be approved by the board in advance, with a ruling
sought by the listing organization or the individual chiropractor pursuant to
chapter 20:41:02.

20:41:09:06. Distributed material. Distributed or
advertised material may not make any promise of special techniques or methods
or of cure or imply superiority. Such material may not contain statements that
are false or misleading and shall not falsely castigate or criticize other
health sciences or make claims that cannot be substantiated by clinical or
laboratory or diagnostic procedures.

20:41:09:07.01. Advertising.
Doctors of chiropractic may not take part in advertising which is false,
fraudulent, deceptive, or misleading. Advertising includes, but is not limited
to, written, recorded, broadcast, live, or electronic communication. Sanctions
may be imposed for the use of improper advertising based upon any of the
following grounds:

(1) Advertising
in which untruthful, improper, misleading, or deceptive statements are made;

(2) Advertising
which guarantees any service or result;

(3) Advertising
that represents to the public the chiropractor possesses special skill,
training, knowledge, or qualifications unless the board has recognized the
training or certification on which the representation is based;

(4) Advertising
the waiver of a payment for any part of a deductible or co-payment that a
patient, pursuant to a health insurance or health care policy, contract, or
plan that covers the chiropractor's services, is otherwise required to pay;

(5) Advertising
no out-of-pocket expenses or practicing the same;

(6) Advertising
free or discounted examination or service. Advertising which offers free or
discounted service for public service programs must be pre-approved by the
board; or

(7) Advertising
a discount of a fee for any patient that pays in cash at the time of service.

20:41:09:10. Unauthorized practice and division of fees.
No chiropractor may permit his or her professional services or name to be used
in aid of, or to make possible, the unauthorized practice of chiropractic.
Partnerships between chiropractors and others not licensed under SDCL title 36 may not be formed or permitted where any part of the partnership's employment consists of the practice of chiropractic or the partnership would involve use of the chiropractic facilities for any purpose by persons not licensed under SDCL title 36. No division of fees for services is allowed, except with another chiropractor or a person licensed under SDCL title 36, and then based only upon the division of service or responsibility.

The formation of any business with other
professionals licensed under SDCL title 36 shall be made in compliance with SDCL chapter 47-11F.

Reference:
Copies may be obtained from the American Chiropractic Association at www.acatoday.org.

Rule 20:41:09:12 Ethics opinions.

20:41:09:12. Ethics opinions. The board or the ethics
committee shall issue advisory opinions based upon ethical issues and rule
interpretations. These opinions are merely advisory in nature and may not be
relied upon in actions brought before the disciplinary board or legal
proceedings.

20:41:09:13. Requests for ethics opinions. A request for
an advisory opinion may be submitted by any chiropractic physician licensed to
practice chiropractic under the laws of the state of South Dakota. The board or
the ethics committee shall issue an advisory opinion or declaratory ruling
within 90 days of receipt of a written inquiry and mail a copy of the opinion
to the inquiring chiropractor.

20:41:09:14. Purpose of ethics committee. There is hereby
established an ethics committee, the members of which shall function at the
will of the board. The purpose of the ethics committee is to issue advisory
opinions based upon ethical issues and rule interpretations. These opinions are
merely advisory in nature and may not be relied upon in actions brought before
the board or the disciplinary committee or in legal proceedings.

20:41:09:15. Composition
of ethics committee. The ethics committee shall be comprised of a
chair, a secretary, and a minimum of three additional members, who shall be
chiropractors appointed by the board and shall serve at the pleasure of the
board. At least one member of the ethics committee shall be a former board
member. Ethics committee members may be removed from the ethics committee by a
vote of the board, at any time, without cause.

20:41:10:01. Board action in general. The board, through
a designated investigator or the disciplinary committee, shall promptly
investigate all complaints filed in writing with the board or the disciplinary
committee and violations which come to the attention of one or more board
members.

20:41:10:02. Unprofessional conduct. Willfully practicing
beyond the scope of practice, violating the terms of suspension or probation
ordered by the board or following a course of conduct or practice in violation
of SDCL 36-5 or in violation of this article constitutes unprofessional conduct.

20:41:10:02.01. Solicitation. It is unprofessional conduct
for a licensee or the agent of a licensee to solicit any person who is
vulnerable to undue influence. For example, without limitation, any person
known by the licensee to have recently been involved in a motor vehicle
accident, involved in a work-related accident, or injured by, or as the result
of the actions of, another person is considered to be vulnerable to undue
influence. An agent is a person who renders service to a licensee on a contract
basis and is not an employee of the licensee. To solicit is the attempt to
acquire a new patient through information obtained from a law enforcement
agency, medical facility or the report of any other party, which information
indicates that the potential new patient may be vulnerable to undue influence.

20:41:10:03. Incompetence. Willfully failing to continue
professional education or failing to participate in the required continuing
education courses or willfully failing to cooperate with and respond in writing
within 15 days after personal receipt of a board inquiry or investigation
constitutes incompetence.

20:41:10:05. Fraud or deception. A person licensed or
certified by this board who practices or attempts to practice under an assumed
name or who gives or makes a knowingly false statement to the board, is guilty
of a fraudulent or deceptive practice. The terms fraud or deception are not
limited to this definition.

20:41:10:05.01. Disciplinary complaints. The board, through
its investigator or the disciplinary committee, shall promptly investigate any
complaints of misconduct or violations filed in writing and signed by a
complaining party. The board shall impose appropriate sanctions as established
under this chapter to protect the public health, safety, and welfare of the
state of South Dakota. The board may also by resolution initiate disciplinary
proceedings.

20:41:10:05.02. Actions which may warrant sanctions. The
board may impose sanctions based upon any of the following:

(1) Engaging in conduct
outside the scope of chiropractic practice including any conduct or practice
contrary to recognized standard of ethics of the chiropractic profession or any
conduct or practice which does or might constitute a danger to the health or
safety of a patient or the public or any conduct, practice, or condition which
does or might impair a chiropractor's ability to safely and skillfully practice
chiropractic;

(2) Failure to continue
professional education or failure to participate in the required continuing
education courses as provided under the provisions of chapter 20:41:08;

(3) Failure to maintain
current knowledge of statutes, rules, and regulations regarding the practice of
chiropractic;

(4) Failure to cooperate
with and respond in writing within 15 days after personal receipt of any board
or board authorized committee inquiry or investigation;

(5) Failure to maintain
proper patient records on each patient. Patient records must be clear and
legible and include:

(a)A description of the patient's complaint;

(b)A history;

(c)A record of diagnostic and therapeutic procedures; and

(d)A record of daily documentation which must include subjective
data, objective data, assessment, and plan for the patient's care;

(7) Conviction of a felony
or misdemeanor involving moral turpitude. A copy of the record of conviction
certified to by the clerk of the court entering the conviction is conclusive
evidence of the conviction;

(8) Fraud, misrepresentation,
or deception include the following:

(a)Practicing or attempting to practice chiropractic under a false or
assumed name;

(b)Aiding, assisting, or advising another in the unlicensed practice
of chiropractic;

(c)Fraud or deceit in obtaining a license to practice chiropractic;

(d)Making false or misleading statements or withholding relevant
information regarding the qualifications of any individual in order to attempt
to obtain a license or engage in the practice of chiropractic;

(e)Failing to report past, present, or pending disciplinary action by
another licensing board or current status of final administrative disposition
of a matter. A licensee is required to report any compromise or settlement of
disciplinary action, whether voluntary or involuntary, which results in
encumbrance of licensure;

(f)Making or filing a report which the licensee knows to be false,
intentionally or negligently failing to file a report or record required by
state or federal law, or willfully impeding or obstructing another person to do
so; or

(g)Submitting to any insurer or third-party pay or a claim for a
service or treatment which was not actually provided to a patient;

(9) Habitual intemperance
in the use of intoxicants or controlled substances to such an extent as to
incapacitate the person from the performance of professional duties;

(10) Exercising influence
on the patient or client for the purpose of financial gain of the licensee or a
third party;

(11) Improperly interfering
with an investigation or inspection authorized by statute or under the
provisions of article 20:41 or with any disciplinary proceeding;

(12) Repeated violations of
this chapter;

(13) Receiving three or more negative
peer reviews within any twelve-month period; or